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This section contains the nature of the case and procedural background.

P rented an apartment to D. The lease incorporated a covenant of quiet enjoyment but did not include a specific covenant for repairs. D discovered that a toilet was cracked and leaking onto the bathroom floor. She could not contact P, so she called a registered plumber to fix the problem. For the next month's rent, D remitted the amount due less the cost of the repair and the receipt for the repair. P sued under summary action for nonpayment of rent. The trial judge found that the facts alleged by D did not create a duty upon the landlord and found for P. D appealed.

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